A number of provisions of the regulations of Shenzhen Special economic zone real estate management
(Shenzhen Municipal People's Government at the fifth 98 Executive meeting November 27, 2013, Shenzhen People's Government orders published since January 1, 2014, No. 258) Chapter I General provisions
First for the implementation of the regulations of Shenzhen Special economic zone real estate management (hereinafter referred to as the regulations), combined with the city's actual, these provisions are formulated.
Second city housing and building Department is the Department of property management administration (hereinafter authority), perform the following property management supervision and management responsibilities:
(A) organizing the implementation of the Ordinance and other laws, rules and regulations on property management, property management in implementation of the relevant provisions;
(B) to study and formulate or develop property management policies and measures;
(C) to guide and coordinate the Government property management administrative departments (hereinafter referred to as departments) as well as other relevant administrative departments, neighborhood offices, trade associations and other property management related work carried out according to law;
(D) in accordance with the Ordinance and other related management laws, regulations, rules of administrative punishment, such as specific administrative acts;
(E) special maintenance fund unified supervision and management of the city's property;
(F) guidance, supervision and management of the city's property management bidding activities;
(VII) establish a management platform of electronic information systems, networks, credit and credit file system;
(H) according to the major complaint of property management;
(I) the laws, regulations and rules and municipal governments require additional management oversight responsibilities.
Third district authorities accept the guidance of municipal authorities, fulfilling area property management duties of supervision and management of the following:
(A) guiding subdistrict offices to perform supervisory duties of property management;
(B) the confirmation could not be legally elected owners ' Committee or the collective resignation of the situation, ordered owners of serious breach of rectification, the dissolution of the Commission;
(C) in violation of laws and regulations to revoke the decision of the general meeting of owners, owners ' committees and undo management statute violate the law and regulations and unfair, decided to manage content for specific owners of unconscionability in the Statute is invalid for this particular owner;
(D) in conjunction with the subdistrict office property management area demarcation dispute;
(E) the direction, supervision and management of property management bidding activities;
(Vi) handling management areas, owners ' committees and their members bidding for contracts, property management, property services, management Statute, landlords, property owners and owners ' committees of the General Assembly rules of procedure of the General Assembly seal, sanctions, security industry association emergency plans and other matters of record;
(G) approved the Protocol selection the prophase Realty service enterprise applications;
(H) in accordance with the Ordinance and other related management laws, regulations, rules of administrative punishment, such as specific administrative acts;
(I) the handle property management for complaint;
(J) the laws, rules, regulations and municipal and district governments require additional management oversight responsibilities.
District authorities according to the management, delegate subdistrict offices to act on behalf of the District Department of the preceding paragraph (f) provides record-keeping matters and (VIII) provision of administrative punishment, but except for record sanctions of the owners ' Committee was established and industry association.
Under the guidance of Fourth Street in the district authorities, responsible for organizing and coordinating owners ' was established by the General Assembly and the election, to guide and supervise the owners ' Assembly and the daily activities, specifically responsible for the following functions of supervision and administration of property management:
(A) verify the owners was established by the General Assembly and organization, coordination was established for the first time the general meeting organizing Committee, and guide the preparatory group to carry out preparatory work in accordance with these provisions advance preparation;
(B) had not been elected according to law the owners Committee, the owners ' Committee resigns, the district authorities disbanded, owners not complying with the provisions of the Commission convening the general meeting convened to decide the case and refuses to implement deadline, the Organization convened the general meeting;
(C) of the owners ' Committee, Director and Deputy Director without justified reason not convening meetings of the owners ' Committee, appointed 1 member shall convene and preside over meetings of the owners ' Committee;
(D) investigation of violations of law, regulations, decisions of the general meeting of owners, owners ' committees, rectification or reported to the district authorities to rescind it;
(E) an owners ' Committee failing to complete a general election, supervision of owners ' Committee election, or organizing general elections;
(Vi) McClain had been disbanded or expiry of the term but fails to complete the election of the property, the owners ' Committee material;
(G) organizing joint Street property management;
(H) the handle property management for complaint;
(I) the laws, rules and regulations, and municipal and district governments require additional management oversight responsibilities.
Subdistrict offices should clearly agencies, personnel and funds, implement its property management supervision duties according to law. Community stations to assist the subdistrict office work management.
Entrusts the subdistrict Office community workstation for property management services, but commissioned by the district authorities shall not delegate.
Article fifth land planning, urban management, public security, environmental protection, market regulation, civil affairs and other departments, according to their respective duties on the area of property management activities in accordance with law, supervision and management.
Registration of real estate rights institutions shall provide the competent departments, neighborhood offices verify ownership information to provide necessary assistance.
Sixth District, departments, Governments should, in conjunction with the innovation support policies, in older residential areas and the urbanization of rural communities socialization and specialization of properties and services market. Indigenous communities in the districts of rural urbanization and manpower of the Government coordination, under the original rural economic collectives followed by specific organizations, reference to these provisions and the relevant provisions of the regulations, property management institutions of self-government.
Provides property services property management institutions of self-government is limited to their own organizations, or decide to purchase property services and dealing with issues related to property service companies to perform the contract.
The urbanization of specific measures for the establishment and operation of community management institutions of self-government, enacted separately by the District Government.
Article seventh building property management system of people's mediation, mediation dealing with property management disputes, and promotion of community-building and community harmony.
The owners ' Committee shall in accordance with the laws, rules, regulations and management rules, owners within the Realty Management area to discourage and prevent infringes the legitimate rights and interests, mediation for disputes on property management.
Eighth of municipal, property management, departments shall establish credit information database, improve the misconduct warning system, the Realty service enterprise and related practitioners, owners of members and alternate members of the Committee and the Executive Secretariat, take electrical equipment maintenance or cleaning of special services, such as professional institutions included in the credit information file management. Municipal Management Association shall establish property services companies and the recognition of property service workers and corrections systems.
Association of property management companies, property management service and property service workers in good faith files, property management, and credit information database to maintain interoperability and information sharing.
Nineth green property management, encouraging the adoption of new technologies and new methods to promote within the Realty Management area energy and water conservation, waste management, green environment, use of pollution prevention, resource conservation and environmental protection, promoting intensive property management, information technology, low carbon technology.
Owners should be advocated in the administrative statute owners, lessees and other property users establish and develop resource-saving and environmental protection ideas and behavior, clear implementation of waste classification. Article tenth advocated property service enterprises to participate in the pension business, encourage owners, property management companies use the public part of the Realty Management area open day old-age care centres, exploring the implementation of old-age home and community services combines the benefit of the pension services, the perfect old-age service system properties in the new mode.
Related specific measures for the administration of the public service together with the municipal authorities, urban planning and land authorities in place and reported to the municipality for approval.
Joint meeting of the chapter property management
11th according to the provisions of the seventh article of the Ordinance, establish joint meeting of municipal, district, street level property management system.
12th joint meeting convened by the municipal authorities are responsible for city property management, by the development and reform, finance, planning and land, members of the police and environmental protection Department as a unit, according to the Ordinance, these regulations and related provisions to the city's major problems of property management guidance, coordination, deliberation and decision making.
Established by the District Government of the joint management of the zone members, convened by the district authorities are responsible for, coordinate with area property management major issues.
13th Street Office should be according to the actual property management and organization area of urban management, planning, land monitoring, public security, safety and stability, petition, environmental protection, community convening of the joint meeting of the management workstations and other departments, agencies, coordinate with area property management of the following issues:
(A) the term has expired but not yet completed the owners ' Committee election;
(B) new and old property disputes occurred in the transfer of enterprises;
(C) other serious impact on regional stability and the security of property management.
Street organization of the joint meeting of the management can invite municipal and district authorities for guidance, or you can invite members of property management companies, owners ' committees, owners to attend the meeting.
14th joint meeting of the management agreed to work within the Government, participating government departments and agencies shall be implemented without any justified reason, refuses to perform, shall be subject to administrative responsibility.
Agreed upon by the participating Governments of the joint property management departments, agencies of the specific administrative act, property management companies, owners ' committees shall perform, but the administrative reconsideration organ, the Court decided to suspend the implementation of the relevant specific administrative acts except for refusing to perform, specific administrative actions of government departments, agencies should enforce or apply to a people's Court for compulsory execution.
Joint convener shall organize and keep the joint property management property management records.
Chapter III owners, owners and proprietors Committee
15th the following principal owners in the Realty management activities shall have the right, owners of performance obligations:
(A) certificate of real estate rights or recorded in the register of real estate ownership;
(B) has not been registered to take ownership, but based on the sale, gift, compensation and other legal acts aimed at transfer of ownership has lawful possession of proprietary parts of a building;
(C) the people's Court, the Arbitration Committee's effective legal instruments to exclusive part ownership of a building;
(D) the exclusive fractional ownership acquired through inheritance or bequest building people;
(E) the exclusive fractional ownership acquired through legitimate construction building people;
(F) comply with the laws and regulations of other people.
Line with the provisions of the preceding paragraph, shall provide documentary proof of lawful and effective.
16th owners within the Realty Management area of less than 10 people, by unanimous written consent of all owners decided not to set up a general meeting, by all the owners ' general meeting joint implementation and the duties, the owner shall, from the date of a written decision told the locations of the properties within the 5th Street and district authorities.
17th preparatory group, or Commission shall organize elections owners Committee members, alternate members and the Executive Secretary of the information about the candidates, before the elections and property management area where the 15th in publicity, publicity period should not be less than 30th.
Subject of the general meeting for the members of the election or recall of the owners ' Committee, community stations after receiving notice to attend the general meeting a written invitation, should be held in the general meeting by 3rd persons to attend the general meeting lists and contact information notify the owners ' Committee.
Article 18th under the 11th of the first paragraph of article (a), proposed to convene an owners ' meeting ad hoc meetings, owners signed a written proposal should be provided information and suggested that the owners of valid contact information. In the 15th after the owners ' Committee shall upon receipt of proposal information, in accordance with the proposed information records effective contact, owners of record of the owners ' Committee contact to verify whether the proposed owners reached 20% per cent of total number of owners (including the number, the same below). Owners ' Committee can be established by municipal authorities information about the electronic voting system to verify the owner.
Owners ' Committee refuses to verify, unable to perform their duties or controversial, be verified by the subdistrict office. Verified proposals in line with the 11th of the first paragraph of article (a) provision, the owners ' Committee shall from the date of completion of verification within the 5th owners convened ad hoc meetings of the General Assembly on the proposed topics.
Verified proposal incompatible with the 11th of the first paragraph of article (a) provisions, landlords are still considered necessary, owner shall be in accordance with the provisions of the first paragraph of this article again, provided the owners signed a written proposal materials and suggested that the owners of valid contact information, proposed to convene an owners ' meeting ad hoc meetings.
Landlord property management matters, the General Assembly had decided, owners within a year, the Committee can no longer matters in respect of the same property management organizations to convene an owners ' meeting ad hoc meetings; but the people's courts, the authorities cancelled a General Meeting decides otherwise.
Article 19th General meeting decisions, owners ' committees for breach of laws, regulations, the property is located neighborhood Office is responsible for the investigation. Verified by the subdistrict office survey, owners ' General Assembly, the decision has violated the provisions of laws and regulations, shall be ordered to correct within the subdistrict office.
Owners ' Assembly, the late is still not corrected, subdistrict offices should be brought to the region authorities to withdraw the property owners, owners ' committees decision.
The 13th of the 20th, 18th, 48th article "cc" property owners, you can use one of the following ways:
(B) electronic mail;
(C) mobile phone text messages. Owner contact information when registering for owner not yet, first written by the owners to provide way to prevail.
Contact owner changes, shall inform the owner from the date of change in the 15th Commission and property services company.
Convenor of the owners ' Committee or general meeting in accordance with the provisions of the first paragraph of this article, as fixed by the second paragraph of this article contact after information is sent to the owner to complete copy.
21st article Ordinance 13th article, and 18th article, and 25th article, and 29th article, and 40th article, and 44th article, and 95th article, and 96th article and the this provides 27th article, and 28th article, and 33rd article provides of "announcement", and "announced", property service enterprise or owners Committee should take in property management regional within of floor (building) or unit posted of form for, while according to reality select following at least a form as added:
(A) property posting services, owners ' committees office space;
(B) posted at main entrances of the Realty Management area;
(C) within the Realty Management area in plazas, shopping malls and other crowded commercial, cultural and sports facilities entrance post. 22nd General meeting vote should be conducted by municipal authorities to establish electronic voting systems, but this General Assembly resolution does not use electronic voting, except in accordance with law.
Electronic voting rules enacted separately by the municipal authorities. Other owners apart from the owners ' Committee election vote matters, after the close of voting, owners ' meeting held by the owners of the right to vote does not exceed half of the voting rights within the Realty Management area and does not exceed half of the owners of the whole number of participating owners, owners voting period may be extended, but shall not exceed 3 months.
Landlord owners of the rules of procedure of the General Assembly voted to extend the time limit of less than 3 months, from its provisions. Based on the expiry of the period prescribed in the preceding paragraph extended voting conditions still cannot reach a vote, owners terminated the matters to the vote of the General Assembly.
Terminate the voting matters, and shall not be renewed within 1 year from the date of termination as an owners ' meeting topics, but the owners all over two-thirds majority of the members of the Committee agree otherwise.
23rd the 14th article of the Ordinance provides "property owners have of floor space", in accordance with the real estate certificate recorded in the area; not yet registered, in accordance with the completion of the survey and mapping the area; not yet completed survey, calculated according to the sale and purchase contract recorded in the area.
The total votes of all the owners within the Realty Management area weighting, according to statistics of the owners of a single voting weights sum.
The regulations stipulated in article 19th, 52nd and 74th properties "total area" refers to the floor space of buildings of the property survey report (completed survey) set forth the total floor area of.
24th and the total number of owners in accordance with identified the following methods: (A) the number of owners in accordance with independent property owners in terms of number of units, an independent property right units according to one calculation.
But independently owned property has not been sold and has been sold but not yet delivered, or the same buyer owns more than one property independently owned, by one calculation;
(B) the total number of the statistical sum in accordance with the preceding paragraph.
25th in line with the regulation article 19th General meeting to set up the conditions of the Realty Management area, its owner or Realty management company in writing when the property where street, should provide the following materials:
(A) the property management Division for the record receipts;
(B) the roster of owners, contacts and other information;
(C) construction planning master plan.
When the 26th regional preparations for the first meeting of owners of property management, project owner or Realty management company shall cooperate, refuse to send representatives as members of the Organizing Committee.
Opinions of members of the Organizing Committee on preparation matters, decided by the head of the preparatory group under the guidance of the subdistrict office.
Preparatory Group to set up 6 months is still unable to convene a general meeting of owners and owners ' committees of elected, may dissolve the preparatory group and retry the subdistrict office set up a preparatory group. Requirements for the preparatory work, property by property services enterprise service fees were charged. Property management is not enforced, either by the owners themselves raise; does not raise, the property is located subdistrict offices to advance, disbursements in this area within 3 months after the implementation of property management by property services property services fees were charged.
Realty management company refused to pay, recourse against the subdistrict office according to law.
27th meeting of owners shall be considered property management area scale, property management fees, the number of owners and other factors, decided to extract from the Realty service fees or other legitimate sources of owners, owners Committee activities as well as the members benefits and criteria for salaries and other expenses of the Executive Secretary.
The owners ' Committee shall be the owners and owners ' committees of the General Assembly the activities and members of the owners ' Committee the use of allowances and the salaries and other expenses of the Executive Secretary, announced to all owners at least once a year; property services companies can extract the property service charges included property services cost of property or services. 28th members of the owners ' Committee is the owner of public welfare jobs, encouraging members of the owners ' Committee to provide volunteer services.
Conditional property management areas, owners according to the owners ' Committee members are engaged in pro bono work properly on a monthly allowance, monthly benefit amount shall not exceed the minimum wage.
Members of the owners ' Committee, alternate member, the Executive Secretary shall not accept property services property services companies fees, parking fees and other relief materials, cash and other improper advantage, misappropriation, fraud, illegal appropriation of property may be taken special maintenance fund, total proceeds of all owners of property funds.
Realty management company owners ' committees should be members, alternate members and the Executive Secretary to pay service fees, electricity and gas fees, parking fees, special maintenance funds, payment of the property, published twice annually to all the owners.
29th the members of candidates recommended by the preparatory group, owners of 10 or more can also recommend 1 to 2 candidates jointly, but the same owner joint recommendation only once.
Preparatory group total number of candidates according to the number of scheduled members, alternate members and candidates upon confirmation of eligibility, the members and alternates in accordance with the prescribed procedures in a joint organization of the elections, according to the order of votes owners elected members and alternate members of the Committee.
Members of the owners ' Committee to implement multi-candidate election, variance ratio shall not be less than 20%, and shall not be higher than 50%.
Member or alternate member number of candidates exceeds the number of scheduled members, alternate members 50%, organized by the Organizing Committee recommended candidates number of votes determined in accordance with provisions of the preceding paragraph.
Article 30th member or alternate member order of votes, in accordance with the voting weights of owners attending a total of voting weights derived from proportion and the vote percentage participation of owners and the size is determined; and the two are equal, and voting weights more top.
Members, alternate members elected by the participants voting rights held by the owner over one-second and attended the one-second more than most owners agree.
Insufficient or no elected members, alternate members elected places, you can re-election or by-election, identified in specific ways by the preparatory group in the election.
General election of the owners ' Committee refer to the relevant provisions of this article, but the owner members, alternate members elected by the General Assembly places or take its resolutions dealing specifically with that no one was elected, according to the implementation of the resolution.
31st after an owners ' Committee is formed, by community stations should be applied to the district authorities to submit for the record.
Community stations shall, within 3 working days for written summary of a general meeting of owners ' Committee was established for verifying, neighborhood offices shall, within 2 working days for review and signing and filing applications and information reported to the district authorities for the record.
Filing receipt by community station of the district authorities referred to the owners ' Committee.
Change record of the owners ' Committee, in accordance with the regulations specified in article 28th of, directly to the head of Department. 32nd meeting held by the owners of the right to vote over two-thirds and attended the two-thirds more than most owners agree that owners may decide to extend the owners ' Committee and the term of Office of members, alternate members, but has decided to extend a term of not more than 5 years after.
Owners of the owners ' Committee shall make a decision to extend the mandate of the General Assembly to the head in the 10th after the record. Owners ' Committee to the public security authorities when applying for the engraved seal of the general meeting of owners, owners ' committees and departments should be provided a receipt.
Police seal is granted shall be owners ' Commission indicate the number and term of Office. The owners ' Committee shall in accordance with the 49th article of the Ordinance provides that developed the owners, owners of the Assembly Commission with administrative and management provisions.
Have not yet developed regulations, head of the owners ' Committee responsible for the stamp and archive storage, proper use of responsibility according to law. Article 33rd Member of the owners ' Committee, alternate member of the termination of their functions, shall from the date of termination of the 3rd will be kept by the archives, seals and other owners of property handed over to the owners ' Committee.
Refusing to surrender, owners ' committees and community stations should transfer its refusing to make an announcement, and may request the public security organs to assist the transfer of the jurisdiction who refuses to transfer behavior causes losses to the owners, owners can be investigated for legal responsibility according to law.
Members of the owners ' Committee understaffed, all alternate replacement for members, still truncated more than 40% but not exceeding 50%, shall convene a general meeting date; truncated more than 50% of the reference under article 38th of the regulations from the Department disbanded the owners ' Committee and notifies the subdistrict office organizations to convene owners ' meetings, to vote for the owners ' Committee.
Article 34th 41st article under the Ordinance, an owners ' Committee before the expiry of 6 months, the owners ' Committee shall organize general elections, and shall, before the expiry of 5 months to general election programmes, report to the competent authorities and the locations of the properties Street Office.
41st article under the Ordinance, the owners ' Committee has not yet completed a general election before the expiry of 3 months, the property is located Street offices according to the actual situation, in accordance with the following provisions:
(A) in subdistrict offices to confirm legitimate early elections, organized by the subdistrict office, owners ' committees to help continue through the general election, agreed by the subdistrict office or by the owners ' Committee under the supervision of the subdistrict Office continue through the general election;
(B) the early election procedures illegal, controversial or have other significant matters that affect general elections, organized by the subdistrict office, owners ' committees to assist and hold the election again.
Expiry of the owners ' Committee has not yet completed work for re-election, the locations of the properties street you should escrow related archives, program organization and with reference to the general meeting for the first time elected a new owners ' Committee, the composition of the preparatory group members determined by the subdistrict office but confirmed earlier the elections legitimate, street can continue through the general election on the basis of previous elections.
35th owner's representative as a member of the Organizing Committee, shall comply with the provisions of Ordinance section 23rd owners Committee, candidate for alternate conditions. Article 36th residents took the responsibilities of owners, you can refer to the 17th of the voting rule, Committee members voted by the residents.
Residents took the owners ' Assembly and the duties, took the time until the date of the owner of the Realty Management Area Committee election.
The fourth chapter construction, property management companies and property services Before the 37th new properties for sale, the construction unit shall submit a property zoning proposal, and registered in the street after the district departments.
Have implemented regional property services property management enterprise in the subdistrict office registration record to the district authorities.
Owner or Realty management company shall provide the Department with the following record:
(A) property to red line construction plans;
(B) architectural planning master plan;
(C) planning and land property named approval document issued by the Department.
65th district authorities for violations of the Ordinance provides property management division of principles and methods, shall notify the building units or real estate service businesses, and rectify it again for the record.
Article 38th original property management area has more than two property to red line construction plans, or divided into two or more relatively closed region, clearly subsidiary facilities under the responsibility of the management, maintenance, confirmed by the district authorities and the locations of the properties Street offices, can be divided into several independent property management areas.
After the owners ' meeting was established, in the adjustment of management area or before the merger or Division of property management, property owners should be in accordance with the regulations of the General Assembly decision on the 17th of the rules.
39th property acquired before January 1, 2008 planning permit of construction engineering projects, the construction unit shall, in accordance with the regulations of Shenzhen Special economic zone in residential areas, the provisions of the rules for the implementation of configuration and transfer of real estate service room.
40th construction units should the prophase Realty service contract, property zoning proposal and record receipts, belongs to all the owners of the common parts and the sharing of facilities equipment, these red line graph home sales publication, and its attachments as a sale and purchase contract.
41st off-site property service enterprises for the first time in this city to undertake a project, shall be property services contracts within 15th of the Realty service contract, Deputy Head of the newspaper Division for filing.
Off-site property services companies, property, before the implementation of these provisions has been undertaking this project, shall from the date of the present provisions in the 30th will be Deputy Head of the newspaper Division of the Realty service contract for filing.
42nd without water, electricity, gas and other utilities, the owner or authorized judicial, administrative, property service enterprises of property shall not be exclusive part total of partial implementation of water, electricity, or occlude, but a broken water pipe, fire and other owners or cause heavy losses to public property except in emergency cases.
Article 43rd property service enterprises shall implement the safety responsibility in accordance with the following provisions:
(A) establish a sound security management accountability;
(B) develop security inspections, security awareness, security related to rectification of safety management system;
(C) guarantee safety, safety, safety training, safety requirements such as hidden input;
(D) regular security troubleshooting, and to detect and eliminate security risks;
(E) develop emergency response plan;
(F) report accidents in a timely manner;
(VII) other should carry out the safety production responsibility according to law.
44th property services companies and the owners ' Committee at the time of signing the Realty service contract, within the Realty Management area should be implement waste reduction waste, municipal solid waste and construction waste reduction agreed classification of delivery and collection matters.
Property services contracts should also be expressly agreed upon, property service enterprises shall require the prior consent of the owners written consent on behalf of the Commission to adjust the property within the landscape, and the corresponding administrative examination and approval procedures; owners clearly established rules of procedure of the General Assembly, management rules and subject to the general meeting to vote, prior written consent of the owners ' Committee shall be approved by a general meeting vote.
Article 45th property services companies and the owners ' Committee at the time of signing the Realty service contract, property services, property should be special maintenance fund Audit Agency selection, contract audit frequency and other audit related matters.
Article 46th Realty management company decided to exit after expiry of the Realty service contract, should be property services contract before the expiration of 3 months, inform the owner in writing and written reports to the competent departments of the Commission.
The Realty service contract has not expired, Realty management company called for an early exit, property service enterprises shall consult with the owners ' Committee dealing with termination of the Realty service contract, and written reports to the competent authorities. No owners ' Committee, Realty management company shall report the matter in writing to the district authorities.
District Department of the Realty service contract, enterprises ' exit and the timely notification property subdistrict offices.
47th under any of the following circumstances, property service enterprises shall exit Realty Management area shall be subject to debt disputes in property service is not resolved, staged work unfinished, refused to quit on the grounds: (a) property services contracts, specific discharge in accordance with law, (ii) ruled by the people's Court or an arbitration institution property management service should quit;
(C) property service qualification is revoked and reapply for approved qualifications have not been approved;
(D) shall not continue to engage in service activities in other circumstances.
48th property service enterprises should be completed and new property services companies work before they can exit the Realty Management area; has not yet selected a new Realty management company, the subdistrict offices, under the guidance of the owners ' Committee to decide whether the original property services business services to a new property management service selected.
Property management service quits after legacy of the Realty service contract disputes and other related issues through negotiation, mediation, arbitration and litigation and other means to resolve.
Property services companies were ordered to exit by district authorities late still no exit, except by the competent departments to be dealt with in accordance with the provisions of the Ordinance, a property services companies and their principals and persons directly responsible, the municipal property management association denounced the sanctions, of homeowners due to property services companies refused to quit, he shall bear civil liability. 49th district authorities in accordance with the principle of open, voluntary, and pre-selection of select property service enterprises to establish emergency service enterprises.
Any of the following circumstances, can be organized by the subdistrict office, by drawing lots in the emergency services select a property services company providing primary services:
(A) the contract is not full, the Realty service enterprise suddenly quit, a management vacuum;
(B) after the expiry of the contract, property services companies, before the establishment of the owners ' Committee;
(C) after the original property services companies, owners ' committees agree to adopt emergency service enterprises. Emergency property services contract period stipulated by the subdistrict office and property management service, maximum to owners instead of selecting new property services property services contract of the company began to provide a date of service.
Property services property services, standard and premium relative to its original corporate executive.
The fifth chapter property use and maintenance
50th following public events within the Realty Management area in one of the real property service enterprises shall immediately to the locations of the properties Street Office and relevant government departments in the area report:
(A) natural disasters, including flooding disasters, meteorological disasters, earthquake, geological disasters, marine, biological hazards, such as;
(B) accidents, including accidents, environmental pollution and ecological damage;
(C) the emergent public health events, including outbreaks of communicable diseases, animal and plant disease, food safety and occupational hazards;
(D) the emergency social security events, including major mass incidents, major criminal cases, foreign-related incident.
51st within the Realty Management area, and no units or individuals shall engage in the following behavior:
(A) change in accordance with the planning and construction of the public buildings and common facilities;
(B) the illegal building was built (or structures), occupying or rebuilding of the common parts of the property;
(C) allowed to occupy or dig the road or site within the Realty Management area;
(D) use without authorization the common parts, common facilities and equipment operating;
(E) destruction, unauthorized occupation of fire control facilities and public evacuation, fire escape, damaging fire safety signs, without the approval of relevant departments without changing the fire exits;
(F) without the approval of relevant departments without changing the structural safety of parts;
(VII) dismantles civil air defense works and civil air defense communications and warning facilities;
(VIII) other acts of destruction of public facilities for environmental protection or pollution. 51st 52nd occurred within the Realty Management area to the provisions article behavior, property management companies, owners ' committees should be based on the Realty service contract or Covenant to dissuade, deter, and promptly report to the subdistrict office or the relevant government departments.
Verified by the relevant authorities should be based on the provisions relating to reporting award, rewarded.
Owners, owners ' committees shall entrust the Realty service enterprise within the Realty Management area in peacetime civil air defense works and civil air defense communications and warning facilities maintenance management responsibilities, and to facilitate civil air defense communications and warning facilities installed.
53rd within the Realty Management area parking, shall occupy fire escape shall not hinder the normal traffic of pedestrians and other vehicles. Approved by the land planning, fire departments, rely on common parts of the property for parking of motor vehicles, its spaces set-up, management and other matters determined by the general meeting.
Owners of the vehicles have storage requirements, you can separate conventions with the Realty service enterprise.
54th within the Realty Management area, water supply, electricity, gas, telecommunications, cable television, sanitation and other related costs charged to the end user should be in accordance with the following provisions:
(A) collected from the owners of owner-occupied;
(B) property management service for private use to the property management service charge;
(C) owners of common use, and shared by the owners concerned;
(D) used in common by all the owners, shared by all the owners.
The unit may force property services companies collecting the relevant fees shall not be stopped because the property services companies refuse collection service.
Property management service costs related to entrusted to collect, according to agent-received the contract signed by the two sides to the delegate units charge a collection fee as agreed not to charge owners fees.
Article 55th General Assembly decided not to include within the Realty Management area daily charge of special maintenance special maintenance fund funds handed over to the urban property management agency management, within the Realty Management area daily special maintenance fund collected by the owners according to the management. Property management area unit by an independent property rights apply to two or more independent property unit, property special maintenance fund shall be established by law.
When less than established by the registration agency shall not handle real estate property right registration about the Realty Management area.
56th property maintenance projects completion settlement of more than 100,000 yuan, special maintenance funds to the district authorities before going through the formalities, cost consulting the settlement report shall be certified by a qualified third party to audit.
Municipal property and special maintenance fund management body according to review and confirm the amount allocated formalities.
57th the landlord and the tenant of the property or other property users agree to use paying special maintenance of the property capital cost of property, relieves a legal obligation of property owners to pay the special maintenance fund.
Owners sell or rent a property, the content management Statute, property management fees should be standard, daily charge of matters such as paying special maintenance funds inform the assignee or the lessee, and property transfer date of the contract or lease contracts signed in the 7th, transfer or lease of the property inform the Realty service enterprise.
Article 86th to 58th article in accordance with the Ordinance stipulates that the property in escrow by the competent special maintenance funds for the proportion of value-added income management fees extracted 10%.
The sixth chapter property management bidding
59th property management tender and bid activities shall comply with the People's Republic of China bidding law and the provisions of the relevant laws, rules and regulations, and shall be subject to supervision and control over municipal and district authorities.
Shenzhen construction project trading center (hereinafter referred to as transactions), is the city's unified trading place of property management bidding, bidding and bidders to provide the necessary technical and legal advisory services.
By Government funds pay for property services property management bidding activity, carried out in accordance with the Government procurement regulations.
60th unit selection property services companies provide the prophase Realty service, should be bid into the Trade Center. Promote owners into trading center of property management bidding activity. General meeting of the owners of bidding selection property services companies, owners ' the General Assembly should authorize the responsible for the specific job.
Owners can authorize a procuratorial Agency to carry out the tender.
61st units to conduct early stage property management tender, shall publish a tender notice issued by 10th fill in invitations to tender or table property management tender reported to the district authorities for the record.
Article 62nd General Assembly selects the property service enterprises, the following matters by the general meeting shall decide:
(A) the renewal program is developed by the property services businesses;
(B) whether by owners ' Committee to the preparation of the tender documents;
(C) whether to enter the trading center of property management bidding activities;
(D) whether to authorize a procuratorial agency property management bidding activities.
Bidding on a property management activities, can be a general meeting of owners ' Committee mandated responsibilities so as to the tenderer:
(A) the preparation of the call for tender, the tender documents;
(B) publish tender notices, tender documents;
(C) answering questions, opening organizations bidding and bid evaluation meeting;
(D) issued a notification, and successful real estate service firms signing the Realty service contract;
(V) filing for property services contract;
(Vi) other duties stipulated by laws, rules and regulations.
63rd tenderer who entered the trade center property management tender exercise, should issue a tender announcement at the Exchange Center. Tenderer is not exposed through the trade center property management tenders should be in Shenzhen property management Association published a tender notice.
City property management association shall not tender notices published fee charged.
Tender inviting tenders, 3 should be above having to undertake the project, good specific credit issued invitations to bid.
64th of municipal departments property management tender document model should be developed and published to the public, including through its Government website.
Tenderer can property management tender document model, combined with the characteristics of the project and the need for the preparation of tender documents.
65th tender transactions that occur during service, the bidding fees paid by the tenderer, but after a successful bid based on bidding documents agreed by the winning bidder or bidders to assume otherwise.
Tenderer shall within 15th since the date of property services contract bidding, scaling to the competent authorities for the record, the tenderer may entrust property management service for property services contract for the record time for the handling of this record matters.
66th property management bidding shall practise Evaluation Committee evaluation qualitative evaluation and self-calibration system of the tenderer.
Tenders under the tendering program choose the calibration in the following ways:
(A) decision method, calibration Committee members entering the calibration procedures for bidding by voting to determine the successful bidder;
(B) draw the calibration method and calibration Committee members entering the calibration procedures for bidding by random ballot to determine the winning bidder.
67th calibration by the tenderer is responsible for the formation of the Committee, made up of more than 7 members of the singular, on the day of the calibration more than twice times by the tenderer randomly selected in the options list. Tender human owners, members of the Committee formed by the members of the owners ' Committee and the employer's representative.
Tender human units, members of the Committee to determine by the tenderer.
With bidders interested persons shall not enter the bid evaluation Committee.
The seventh chapter legal liability
68th supervisory departments, neighborhood offices, community station, related administrative departments and their staff in the property management administration failed to perform their duties or does not properly carry out their duties, shall be subject to administrative liability; a suspected crime, transferred to the judicial organs dealt with according to law; losses caused shall bear liability.
69th 27th owners Committee in violation of the provisions of article, not according to regulations published by the costs associated with the use of, by the district authorities a rectification; fails to mend, to members of the owners ' Committee shall be responsible for 3000 Yuan fine.
70th owner members, alternate members of the Committee, in violation of the provisions of the Executive Secretary, in accordance with the following provisions: (A) violation 28th article second paragraph provides, accept property service enterprise not due interests or take misappropriated, and cheat, way illegal occupation owners total funds of, by subdistrict offices, and district competent sector or other administrative competent sector, and judicial organ verified of, by owners Committee in accordance with Ordinance 35th article, and 36th article of provides processing and reported city competent sector record; city competent sector should will the violations as bad behavior remember into credit information archives; suspected crime of, transferred judicial organ law processing
(B) violation of the 33rd article, did not seal, files and other relevant information and the goods on time and handed over to the owners ' Committee, by the district authorities a rectification; fails to mend, and impose a fine of 3000 Yuan.
71st article owners violation this provides, by related sector finds has 51st article provides behavior of, related sector law processing Shi should written notification city competent sector, city competent sector should will the violations as bad behavior remember into credit information archives; behavior Shi has belongs to owners Committee members of by owners Committee in accordance with Ordinance 35th article, and 36th article of provides processing and reported city competent sector record.
72nd property management service in violation of these provisions, in accordance with the following provisions:
(A) contravenes the provisions of the third paragraph 28th section, published by not complying with the provisions of the relevant payment, by the district authorities a rectification; fails to mend, and impose a fine of 20,000 yuan;
(B) contrary to article 42nd, water, electricity and occlude without authorization, by the district authorities shall order rectification refuses, fined 500 Yuan for each household by the number relates to fines;
(C) contrary to article 50th, does not fulfil the reporting obligation, by the district authorities fined 10,000 yuan fine; violation of the provisions of article 52nd, known for acts of illegal construction and destruction, but not to stop or report by the Municipal Association of property management companies under the self-regulation rules and discipline;
(D) violation of article 26th and 51st in the fourth paragraph provides, inter alia by the related departments to handle foreign, on property services companies and their principals and persons directly responsible, city property management association may be warned or criticized in the industry of sanctions refused to implement the relevant departments administrative penalties, settlement, city property management association denounced the sanctions.
73rd 60th construction violates the provisions of the rules specified in the first paragraph, do not enter the trade center property management bidding, by the district authorities a rectification, impose a fine of 100,000 yuan.
Construction in violation of the provisions of article 61st, no record of the district authority estate management tenders, from the district authorities ordered to go through formalities and overdue for a replacement, and impose a fine of 30,000 yuan.
74th property service enterprises and related practitioners, owners ' Committee member and Executive Secretary of the breach of the regulations, the provisions of the Act and shall bear administrative liability, as a record of bad behavior should be included in the credit information file.
The eighth chapter by-laws
75th of municipal authority shall, within 6 months after the implementation of these provisions, formulated according to law, bidding procedures and rules, expert management and tender document model, according to regulations announced after the approval of the program.
76th District Government in these rules, including new management; subdistrict offices in these rules, with new management organization office; management rules mentioned in these regulations, containing provisional governing statute. 77th these provisions come into force on January 1, 2014.